Every proposed residential subdivision of land and/or residential land development regulated by this chapter or Chapter 131, Subdivision Regulations, located in the R-SF and/or R-MF Districts shall provide suitable land for dedication as on-site park and/or recreation land.
The amount of land required to be dedicated shall be 1,000 square
feet of suitable land per buildable lot or dwelling unit (whichever
number is greater) proposed by the approved plan. If, at the time
of preliminary plan submission, the subdivider and/or developer is
domiciled on one of the lots in the proposed subdivision or development
or domiciled in one of the dwelling units thereon, said lot or dwelling
unit shall not be included in this calculation.
Is not included in, or made a part of, stormwater management facilities,
including detention/retention basins, swales, culverts and any associated
appurtenances thereto; and
If all or part of the land proposed for dedication as park and/or
recreation land is less than suitable for recreation use, then the
amount of land required for dedication shall be 1,500 square feet
per lot or dwelling unit, whichever number is greater.
All land proposed for dedication as park and/or recreation land shall
be contiguous and topographically and spatially suitable for park
and/or recreation purposes. If the adjoining property has previously
been developed and recreational land has been provided at the boundary
of that previously developed property, the Town Council may require
that the recreational land required of the development shall be located
adjoining the previously provided recreational land.
The developer may request that the Town not require the dedication
of land. Any such request shall be accompanied by an offer to pay
a fee in lieu of dedication of the land. Any such proposal by the
developer and/or subdivider is subject to the approval of the Town
Council.
If the developer and/or subdivider receives approval from the Town
Council for the payment of a fee in lieu of dedication of all or some
of the required park and/or recreation land, then the fee shall be
equal to $500 per unit or lot (whichever is greater), unless an appraisal
prepared by the developer, and determined to be acceptable at the
sole discretion of the Town Council, indicates that a different fee
is more appropriate based on the fair market value of the property.
In such cases, the developer shall provide the Town with all information
necessary to determine the fair market value of the land, including
but not limited to:
The fee in lieu of land dedication to be paid shall be computed by
dividing the total market value for the tract by the number of acres
within the tract and then multiplying by the acreage of land that
would have been required to satisfy dedication requirements.
In the event that the Town selects a combination of payment of fee
in lieu and the dedication or reservation of parkland or open space,
the amount of the fee in lieu shall be prorated with the value of
land provided.
If the subdivider and/or developer elect to pay a fee in lieu of
the dedication of park and/or recreation land, then such payment,
if approved by the Town Council, shall be deemed a condition of plan
approval and shall be paid to the Town at the time of execution of
the improvements agreement with the Town or, if no improvements agreement
is necessary, then prior to recording the approved plan.
All fees paid pursuant to this article shall be placed in an interest-bearing
account and accounted for separately from other Town funds, and such
funds shall be maintained by the Town and used for obtaining future
park or open space lands or purchase or construction of public recreation
facility improvements.
Open space which is required to be provided in connection with certain
uses, developments, subdivisions and/or other residential living arrangements
pursuant to this chapter; and/or
The developer shall enter into an agreement with the Town setting
the fees to be paid, the facilities to be constructed, or the land
to be privately reserved and the method of its maintenance. All such
agreements shall be in a form satisfactory to the Town Attorney.